The Supreme Court Tuesday nullified the election of Emeka Ihedioha of the Peoples Democratic Party (PDP) as the governor of Imo state.
The apex court held that the lower court erred in law when it rejected evidence tendered before them to the extent that votes from 388 polling units were not credited to the All Progressives Congress (APC) candidate, Hope Uzodinma.
But the judgment in the case of Sokoto state, earlier scheduled to be delivered Tuesday, was again stood down, leaving Governor Waziri Tabuwa’s fate hanging in the balance.
The court also said judgements in respect of Kano state governorship duel was now slated for the 20th of January, 2020, while the dates for Benue, Bauchi and Plateau states would be communicated to the parties.
Mbaka’s prophecy
In his 2020 prophecy, Rev Father Ejike Mbaka, had declared that the Ihedioha would lose the governorship seat to Uzodinma.
Although the cleric, who said this at the December 31 crossover ministration, was, however, not specific on how this would happen.
Mbaka had said: “Many things are going to happen in Nigeria this 2020 that will shock countrymen and countrywomen, but all would be to God’s glory.
“In spite of all that would happen this 2020, there is hope.
“In Imo state, there is hope. Hope, hope, hope … hope in Imo state!
“Imo people have suffered (but) God is raising a new hope that would be an agent of salvation for them.
“He’s coming with a new flag to restore the dignity of that noble land. The new leadership that will break barriers and there would be joy in the land of Imo.”
The judgement
In the unanimous judgement of the seven-member panel, read by Justice Kudirat Kekere-Ekun, the apex court concurred that results in 388 polling units were unlawfully excluded during the collation of the final governorship election result in the state .
Justice Kekere-Ekun said with the results from the 388 polling units added, Mr. Uzodinma polled a majority of the lawful votes and should have been declared governor-elect by the Independent National Electoral Commission (INEC).
On this ground, the apex court nullified the declaration of lhedioha as winner of the election, and in its place, pronounced Uzodinma as the duly elected governor.
Further to this, the panel ordered the immediate withdrawal of the certificate of return by INEC, and that the commission should issue a fresh one to Uzodinma as the elected governor of the state.
The court declared: “Vote due to the appellant Senator Hope Uzodinma and the APC from 388 Polling Units were wrongly excluded from scores ascribed to the appellant (to them).
“It is thereby ordered that the appellant votes from 388 polling units unlawfully excluded from the appellant vote declared shall be added and that the first respondent, Emeka Ihedioha, was not duly elected by a majority of lawful votes cast at the said election.
“His return as the elected governor of Imo State is hereby declared null and void and accordingly set aside
“It is hereby declared that the first appellant (Mr. Uzodinma) holds the majority of lawful votes cast at the governorship election held in Imo State on March 9, 2019,” the court further ruled.
Uzodinma, the court further averred, satisfied the mandatory constitutional requirements to be declared governor.
“It is hereby declared that first appellant, Senator Hope Uzodinma, is the winner of the governorship of Imo State held on March 9, 2019.
“The certificate issued to the first defendant (Mr. Ihedioha) is hereby withdrawn.
“It is hereby ordered that the certificate of return shall be issued to the first appellant, Senator Hope Uzodinma, forthwith and he should be sworn in as the governor of Imo State,” she ruled,” it said.
Lower court’s earlier decision
On November 19, the Court of Appeal affirmed Ihedioha’s victory as governor of Imo state.
A five-member panel of the court led by Oyebisi Omoleye delivered the judgement following the appeals filed by the Action Alliance, All Progressives Grand Alliance and the All Progressives Congress challenging the election of the governor.
The appellants had argued that Mr. Ihedioha did not obtain the constitutionally required one-quarter of the votes cast in at least two-thirds of the 27 local government areas of the state, as provided under Section 179 of the Constitution.
The appellants, therefore, asked the court to set aside the decision of the election petition tribunal and declare them the winner of the election or in the alternative order a rerun.
The Three Appeals
The three appeals filed against the judgment of the Imo state Governorship Election Petition Tribunal, which upheld the election of Mr. Ihedioha, include that of the All Progressives Grand Alliance (APGA) and its candidate, Ifeanyi Ararume; Action Alliance (AA) and its candidate, Uche Nwosu and that of the APC and its candidate, Mr. Uzodinma.
The different appellants asked the Court of Appeal to void the election of Mr. Ihedioha on grounds that he did not obtain the constitutional one-quarter of the votes in at least two-thirds of the 27 local government areas of the state, in line with Section 179 of the Constitution.
In their various submissions, through their counsel, they asked the court to set aside the decision of the tribunal and declare them the winner of the March 9 governorship election or in the alternative order INEC to conduct a fresh election into the office of Governor of Imo State.
The three-member panel of the tribunal had in a unanimous decision delivered on September 21 held that Mr. Ihedioha was lawfully declared the winner of the governorship election by INEC.
The panel led by Justice Malami Dongondaji had in the judgement dismissed Messrs Ararume, Nwosu and Uzodinma’s petitions for lacking in merit on the grounds that they failed to prove the allegations made in their petitions.
Apart from claims that Mr. Ihedioha did not obtain the constitutional one-quarter of the votes in at least two-thirds of the 27 local government areas of the state, in line with the provisions of the law, the petitioners had also alleged substantial non-compliance with the Electoral Act and Guidelines, including other irregularities.
But the tribunal in its judgement held that the case of the petitioners was unmeritorious because they failed to call relevant witnesses and that evidence of witnesses called were based on hearsay.
The tribunal, in addition, rejected documents tendered by the petitioners in support of their claims on the grounds that those who led evidence in the documents were not the makers of the documents.
In his appeal, Mr. Ararume urged the appellate court to upturn the decision of the tribunal on the grounds that the lower court erred in law when it arrived at the decision that his case and that of his party lacked merit and accordingly dismissed it.
The appeal which was predicated on 22 grounds was argued by his lead lawyer, Awal Kalu, while that of Mr. Nwosu and AA, was argued by Niyi Akintola. That of Mr. Uzodinma and APC was argued by Damian Dodo.
They all urged the panel to allow the appeal and grant all the reliefs sought by the appellants.
However, the lead counsel to Mr. Ihedioha and the PDP, Onyechi Ikpeazu and Kaham Ejelam respectively, urged the court to dismiss the appeals for being incompetent and lacking in merit.
Nwosu’s withdrawal
In a surprise move Tuesday, Nwosu withdrew his appeal, through his lawyer, Solomon Umoh.
He withdrew the appeal based on a December 20 Supreme Court ruling that he, Mr. Nwosu, was not a validly nominated candidate for the election.
The respondents in the matter, including Mr. Ihedioha and the PDP, did not object to the application of Mr. Nwosu to withdraw his appeal before the apex court.
Consequently, the court dismissed Mr. Nwosu’s appeal.
The Controversial 2019 election
INEC said Ihedioha polled 273,404 ahead of his closest rival and candidate of the Action Alliance, Uche Nwosu, who the electoral body said, scored 190,364 votes.
Nwosu is the son-in-law of former Governor Rochas Okorocha, who strongly backed his candidacy. The AA candidate lost his own case from the election petition tribunal to the Supreme Court.
By the INEC result, the candidate of the All Progressives Grand Alliance (APGA), Ifeanyi Ararume, came third ahead of Hope Uzondinma of the All Progressives Congress (APC).
The former polled 114, 676 while the latter polled 96,458. A total of 70 candidates representing various political parties took part in the election.
Mr. Ihedioha is the first of the governors elected during the 2019 governorship elections to be so removed.
Our trust in judiciary remains –APC
In its reaction, the APC, in a statement by the national publicity secretary Lanre Issa-Onilu, said it “is ecstatic over the Supreme Court’s declaration of Senator Hope Uzodinma as the rightful winner of the 2019 Imo state Governorship election.
“Even as we are still wondering why we lost elections we clearly won in Zamfara state at the Supreme Court and how the same court ruled our party out of the electoral race in Rivers state, we have never, as a political party, lost faith in the judiciary.
“We salute Senator Hope Uzodinma, our supporters and members for their temperance displayed in the aftermath of the blatant rigging of the Imo Governorship election. We chose to focus on the judicial route to reclaim the Party’s mandate. We are confident that our other stolen electoral mandates will be restored by the courts.”
It’s sad commentary-PDP
But the PDP, in s statement described the verdict as another “very sad commentary” on nation’s democratic order.
The party’s national publicity secretary, Kola Ologbondiyan, who said this Tuesday said: “PDP finds it difficult to understand how Senator Hope Uzodinma/APC, who came 4th in the March 9, 2019 governorship election, with just 96,458 votes, will suddenly, by the token of the judgment of the Supreme Court, defeat Governor Emeka Ihedioha/PDP that scored 276,404 votes.
“In fact, the PDP and indeed, most Nigerians are still at a loss as to understand the basis upon which the Supreme Court arrived at its decision,”
“It is lamentable that the destiny of the people of Imo state is being taken from the governor they chose and voted for and handed over to individuals and a political party that do not have their blessing and mandate and which they rejected at the election.
“The people of Imo state are now confronted with the challenge of having a government that they cannot identify with and which cannot connect with them, having not emanated from them.
“Moreover, all the gains, including the development and stability already achieved by the people-based government, under Governor Emeka Ihedioha/PDP administration in the state are now heavily jeopardized.
“Indeed, the mournful and despondent ambience that now pervades in Imo state is a loud testimony that the judgment did not reflect the expectation of the people of Imo state as expressed at the polls.
“While recognising that the judgment of the Supreme Court is final, the PDP however urges all party stakeholders in the state to remain united and calm, and await further instruction from the national leadership on this very sad development.”
Lawan, Bello hail verdict
And in a reaction, Senate President Ahmad Lawan congratulated Senator Uzodinma on his victory. .
Lawan also congratulated the APC in Imo state for peacefully retrieving its mandate through the constitutionally stipulated judicial process.
“This is a victory for democracy, the rule of law, the All Progressives Congress and the good people of Imo state.
“The new governor-elect should be magnanimous in victory and see his mandate as a call to serve his people conscientiously and to the best of his ability,” Lawan said.
Similarly, Kogi state Governor Yahaya Bello described the verdict as a just one.
In a statement by his Chief Press Secretary, Onogwu Muhammed, the governor said the outcome demonstrated yet again that the judiciary remained a great arm of government that right all wrongs.
“Senator Hope Uzodinma is a party man who has worked tirelessly for the success of the APC at all levels across the nooks and crannies of Nigeria,” the governor said.
He said the Progressives Governors’ Forum was glad with the new addition, and described Uzodinma as a detribalised, just and passionate Nigerian committed to the unity and progress of the country.
